s.170LJ certification of agreement

BOND UNIVERSITY (ENGLISH LANGUAGE INSTITUTE) ENTERPRISE AGREEMENT 2003

Certification of Division 2 agreement with organisation(s) of employees.

[1] This is an application to certify an agreement pursuant to section 170LJ in Division 2 of Part VIB of the Workplace Relations Act 1996 (Cth) (the Act). The agreement is known as the Bond University (English Language Institute) Enterprise Agreement 2003.

[2] The Commission has had the benefit of hearing submissions from Mr C Andrews of Lashkar Pty Ltd and Dr H Gill of the National Tertiary Education Industry Union. The Commission has examined the statutory declarations of Mr Alan Finch, Registrar of Bond University and of Mr David McCulloch, General Secretary of the National Tertiary Education Industry Union.

[3] The Commission is satisfied that the agreement meets the relevant requirements of the Act and the Australian Industrial Relations Commission Rules 1998.

[4] The Commission is satisfied that the agreement has been entered into in a manner consistent with the Act's requirements:

· the employees have been given the relevant notice of the intention to enter into an agreement or to make the agreement;

· the terms of the agreement were explained in an appropriate way to all the employees who are to be covered by it;

· the agreement has been approved by a valid majority of employees at the relevant time; and

· The National Tertiary Education Industry Union has members employed by Lashkar Pty Ltd.

[5] Lashkar Pty Ltd meets the jurisdictional threshold in section 170LI of the Act.

[6] The Commission is satisfied that the agreement meets the No Disadvantage Test as defined in the Act.

[7] The agreement contains the necessary dispute settlement procedure.

[8] The agreement specifies a nominal expiry date in accordance with the Act's requirements.

[9] The agreement contains no provisions that are inconsistent with the relevant requirements of section 170LU of the Act, particularly so in relation to any contraventions of the Act.

[10] There were a number of matters the Commission discussed with the parties at the point of hearing, particularly so in relation to the manner in which contracts of employment for a specified period are made available in circumstances where a previous contract has expired, the interaction between such contracts and the agreement's terms; and the scope of the empowerment of the Commission, through section 170LW of the Act, by virtue of the dispute resolution procedure. These discussions on transcript form part of the file in relation to this application.

[11] The agreement will be certified with effect from the Commission's decision in transcript given on the day of hearing, 8 September 2003, to operate in accordance with its terms, remaining in force until 31 December 2005.

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